The
Planning staff and the Planning Commission recommend approval of the proposed amended PUD (Planned Unit Development)
zoning for the subject
property.

Analysis:

The
project site is approximately 51.68 acres. The property is generally located south
of County Road 48 and east of US Highway 27and east of the Palatlakaha River as
shown on the attached General Location Map. The present zoning for this
property is City PUD (Planned
Unit Development). The
current use of the property is undeveloped and the proposed is single family detached
residential development. The surrounding zoning designations are County A
(Agriculture), City PUD (Planned Unit Development), County RM (Mixed Home
Residential), County A (Agriculture), and R-1-A (Single Family Residential) .
The surrounding Future Land Use Map designations are County Urban Expansion
& LC Urban and City Low Density. The existing Land Use designation for the
subject property is City Estate.

The
proposed amended PUD
(Planned Unit Development) zoning
is compatible with the adjacent and nearby properties in the area and with the existing future land use designation of
City Estate.

The
existing land uses surrounding the property are undeveloped and single family
residential.

Development
of the property requires City utilities.

By
a vote of 6 to 0 on August
19, 2010, the Planning
Commission voted to recommend approval.

There
is a positive fiscal impact to the City through the further development of this
property.

Submission
Date and Time: 9/22/10 5:06 PM____

Department:
Community Development

Prepared
by: Bill Wiley, AICP

Attachments:
Yes__X_ No ______

Advertised: ____Not
Required ______

Dates:
__________________________

Attorney Review : Yes_X_ No ____

_________________________________

Revised 6/10/04

Reviewed by: Dept.
Head __BW_____

Finance Dept. __________________

Deputy C.M. ___________________

Submitted
by:

City Manager ___________________

Account No. _________________

Project No. ___________________

WF No. ______________________

Budget ______________________

Available _____________________

ORDINANCE
NO. ______

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING THE ZONING OF APPROXIMATELY 51.68 ACRES GENERALLY LOCATED SOUTH
OF COUNTY ROAD 48 AND EAST OF US HIGHWAY 27AND EAST OF THE PALATLAKAHA RIVER,LYING IN
SECTIONS 13 AND 14, TOWNSHIP 19 SOUTH, RANGE 24 EAST,LAKE
COUNTY, FLORIDA, FOR A CITY
PUD (PLANNED UNIT DEVELOPMENT); AND PROVIDING AN EFFECTIVE DATE. (SPRING
CREEK)

BE
IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:

Section
1.

Based upon the petition of Spring Creek
Investments, LLC, DBA Spring Creek,
the petitioner of the
property hereinafter described, which petition has heretofore been approved by
the City Commission of the City of Leesburg Florida, pursuant to the provisions
of the Laws of Florida, the said property located in Lake County, Florida, is
hereby amended to
the revised PUD (Planned Unit Development) zoning district subject toconditions
contained in Exhibit A, to-wit:

(See attached Legal Description Exhibit
B)

Alternate
Key Number:
1087945, 1701082, 1701104, 2831081 and 2935359

Section
2.

This ordinance shall become effective
upon its passage and adoption, according to law.

PASSED
AND ADOPTED at the
regular meeting of the City Commission of the City of Leesburg, Florida, held
on the day
of ,
2010.

THE CITY OF LEESBURG

By: _________________________________

Mayor

ATTEST:

___________________________________

City Clerk

CASE #:
034-1-081910 EXHIBIT
A

(Previous
CASE #: 063-1-060905)

SPRING CREEK

PLANNED UNIT DEVELOPMENT CONDITIONS

July 15, 2005

Revised August 19, 2010

This
Planned Unit Development Conditions for a PUD (Planned
Unit Development) District is granted by the
City of Leesburg Planning Commission, Lake County, Florida to Robert and
Jeanne Hendrick; Glenn Tyre, Trustee, and Pamela and Fred Gregg, Jr.Spring Creek Investments, LLC, DBA Spring Creek , "Permittee" for the purposes
and terms and conditions as set forth herein pursuant to authority contained in
Chapter
25 "Zoning", Sec­tion 25-278 "Planned Unit Development " of the City of
Leesburg Land Development Code, as amended.

BACKGROUND: The "Permittee" is desirous
of obtainingamending a Planned Unit Develop­ment (PUD) zoning
district to allow construction of a proposed residential subdivision
development consisting of a maximum of 174137 detached
single-family units on approximately 51.68 acres generally located south of
County Road 48 and east of US Highway 27and east of the Palatlakaha River, on a
site with­in the City of Leesburg in accordance with their PUD application and
supplemental information.

1. PERMISSION
is hereby granted toRobert and Jeanne Hendrick; Glenn Tyre, Trustee, and
Pamela and Fred Gregg, Jr.
Spring Creek Investments, LLC, DBA
Spring
Creek, to construct,
operate, and maintain a Planned Unit Development in and on real property in the
City of Leesburg. The property is generally located south of County Road 48
and east of US Highway 27and east of the Palatlakaha River. The property is
more particularly described as follows:

LEGAL
DESCRIPTION:

See attached legal Exhibit B.

2. LAND
USE

The above-described property, containing approximately
51.68 acres, shall be used for single-family detached residential uses, pursuant to City of
Leesburg development codes and standards.

A. Residential Development

1) The project
shall contain a maximum of 174122 detached single-family units
at a gross density not to exceed 3.37 units per acre.

2) The minimum lot
size shall be 7,000 square feet for detached single-family with the lots
bordering Legacy Subdivision restricted to a minimum size of 8,000 square feet.
Final lot sizes shall be determined during the review of the preliminary plan.

3) Minimum
lot widths shall be as shown on the Conceptual Plan60 feet
except for those bordering Legacy Subdivision on the south which shall be 70
feet and bordering Legacy Subdivision on the east which shall be 80 feet in
width. Minimum lot depths shall be 110 feet. City staff as part of the preliminary
plan approval process shall approve final lot locations and minimums.

4) The following minimum yard
setbacks shall be maintained:

Front
setback – 20 feet;

Rear setback –18
feet; and

Side setbacks - minimums
5/15 feet each side except for townhomes.

5) Minimum distance
between structures shall be 10 feet; measured from building wall to building
wall and the roof overhang shall not exceed 40 percent of the distance between
the building wall and the property line.

6) Corner
lots shall have a minimum side yard setback of 15 feet from the public
right-of-way.

7) For park
lot fronting the Palatlakaha River, one dock and/or boat ramp for use of the
general development residents shall be permitted. No over night parking of
boats shall be permitted at the park for general residents.

8) The
approval in this ordinance for a dock and/or boat ramp constitutes approval of
the land use only. The actual design and construction is dependent on the
developer obtaining permits from other agencies prior to commencement of
construction. Approval of this ordinance constitutes approval only for the use
of the land. The City does not have jurisdiction to grant final approval
for construction of the dock and/or boat ramp and the developer will be required
to obtain all necessary permits from agencies having jurisdiction. This
ordinance does not constitute an official position by the City of Leesburg for
or against issuance of such permits.

9) Accessory
structures shall have a minimum rear and side setback of 5 feet and single
accessory structures that are not attached to the principal structure shall not
occupy more than 30 % of the required rear yard.

12) An
attached swimming pool screened enclosure must maintain a minimum setback of
five (5) feet from the side and rear property line.

B. Recreational
Development

1) Recreational
development shall include active and passive uses for the project.
Recreational development shall meet the requirements of the City of Leesburg
Land Development Code (as amended) and adopted Growth Management Plan (as
amended).

2) The Planned
Unit Development shall provide accessibility from all areas to any proposed
recreational facilities.

3) Recreational
areas totaling (34,800 sq.ft.) shall be provided and developed by the developer
with type and location of improvements to be determined by staff as part of the
Preliminary Subdivision approval process.

4) Recreational
vehicle parking shall be restricted through deed restrictions/convenient
which shall prohibitedparking within the development unless
an approved designated area is provided or vehicles are parked within an
enclosed structure. If a designated area is provided, the area
shall be buffered and final location will be determined by staff as part of the
Preliminary Subdivision approval process.

C. A sales
office and/or model center shall be a permitted use as long as it is
specifically related to the PUD residential development of the site.

D. Open Space
and Buffer Areas

1) All
wetlands on the project site shall be identified and the location and extent of
each wetland shall be determined by the Department of Environmental Protection,
St. Johns River Water Management District and/or U.S. Army Corp of Engineers.
Each wetland shall be placed on a suitable map, signed and sealed by a surveyor
registered to practice in Florida and shall be submitted as part of the preliminary
plat application

2) Buildings
or structures shall be a minimum of 50 feet from any wetland
jurisdiction boundary.

3) Wetlands
shall have a minimum upland buffer of 30 feet or the upland buffer established
by St. Johns River Water Management District and/or U.S. Army Corp of
Engineers; whichever is more restrictive. All upland buffers shall be
naturally vegetated and upland buffers that are devoid of natural vegetation
shall be re-planted with native vegetation or as required by St. Johns River
Water Management District and/or U.S. Army Corp of Engineers.

4) Land
uses allowed within the upland buffers are limited to hiking trails, walkways,
passive recreation activities and stormwater facilities as permitted by St.
Johns River Water Management District.

5) If
wetland alteration is permitted by St. Johns River Water Management District
and/or U.S. Army Corp of Engineers, wetland mitigation shall be required in
accordance with permit approvals from St. Johns River Water Management District
or U.S. Army Corp of Engineers, whichever is more restrictive.

6) A
wildlife management plan for the project site shall be prepared based on the
results of an environmental assessment of the site and any environmental permit
required from applicable governmental agencies. The wildlife management plan
shall be submitted to the City as part of the preliminary plat application.
The Permittee shall designate a responsible legal entity that shall implement
and maintain the wildlife management plan.

7) To the
extent practical, wetlands shall be placed in a conservation easement, which
shall run in favor of, and be enforceable by, St. Johns River Water Management
District or another legal entity such as a homeowners association. The
conservation easement shall include a buffer from the edge of the Palatlakaha
River with a minimum width of 30 feet and an average width of 50 feet. The
conservation easement shall require that the wetlands be maintained in their
natural and unaltered state. Wetlands shall not be included as a part of any
platted lot, other than a lot platted as a common area, which shall be
dedicated to St. Johns River Water Management District or another legal entity
such as a homeowners association for ownership and maintenance.

8) Development of a
buffer wall along arterial roads (CR 48) shall be required as per Section
25-336 of the Land Development Code. In addition, a six (6) foot high
decorative PVC fence will be installed along the east, south and western
property lines on the development as visual buffer to adjacent properties.

9) Landscaping of any required buffer areas
shall be as follows:

For each one hundred (100) linear feet,
or fraction thereof, of boundary, the following plants shall be provided in
accordance with the planting standards and requirements of the Land Development
Code.

a. Two (2) canopy trees

b. Two (2) ornamental trees

c. Thirty (30) shrubs

d. The remainder
of the buffer area shall be landscaped with grass, groundcover, and/or other
landscape treatment.

e. Existing
vegetation in the required buffer shall be protected during construction.

10) Variations to the landscape requirements
of the code may be approved by the Community Development Director as long as
the intent of the PUD and the Landscaping Code are maintained.

E. Development Phasing

1) The
proposed project may be constructed in phases in accordance with the Planned
Unit Development Plan (attached as part of the application). Changes to the
Development Plan, other than those conditions described in this agreement,
shall be revised in accordance with the Planned Unit Development review
process.

2) Implementation
of the project shall substantially commence within 36 months of approval of
this Planned Unit Development. In the event, the conditions of the PUD have
not been implemented during the required time period, the PUD shall be
scheduled with due notice for reconsideration by the Planning Commission at
their next available regular meeting. The Planning Commission will consider
whether to extend the PUD approval or rezone the property to RE-1 (Estate
Density Residential) or another appropriate zoning classification less intense
than the development permitted by these PUD Conditions.

3. STORMWATER
MANAGEMENT / UTILITIES

Prior to receiving final development approval, the
Permittee shall submit a stormwater management plan and utility plan acceptable
to the City of Leesburg. Water, wastewater, reclaimed water and natural
gas services will be provided by the City of Leesburg. Prior to any clearing,
grubbing, or disturbance of natural vegetation in any phase of the development,
the Permittee shall provide:

A. A
detailed site plan that demonstrates no direct discharge of stormwater runoff
generated by the development into any wetlands or onto adjacent properties.

B. A
stormwater management system designed and implemented to meet all applicable
St. Johns River Water Management District and City of Leesburgrequirements.

C. A
responsible legal entity for the maintenance of the stormwater management
system on the plat prior to the approval of the final plat of record. A
homeowners association is an acceptable maintenance entity.

D. The 100-year flood plain shown on all plans and
lots.

E. A
copy of the appropriate documentation that any flood hazard boundary has been
requested for amendment in accordance with Federal Emergency Management Agency
requirements, if the 100 year flood plain is proposed to be altered and /or a
new 100 year flood elevation is established in reference to the applicable
flood insurance rate map.

F. A
copy of the Management and Storage of Surface Waters permit obtained from St.
Johns River Water Management District.

G. Should
the Permittee desire to dedicate the proposed project’s stormwater management
system to the City of Leesburg; the City, at its discretion, may accept or not
accept the stormwater management system. Prior to acceptance, the Permittee
shall demonstrate to the City the stormwater management system is in a suitable
condition and meets City of Leesburg and St. Johns River Water Management
District requirements.

H. A
detailed site plan that indicates all the provisions for electric, water,
sewer, reclaimed water and/or natural gas in accordance with the City of
Leesburg Land Development Codes.

4. TRANSPORTATION IMPROVEMENTS

A. Any
transportation improvements or right-of-way that may be required shall be based
on projected needs and shall be contingent upon site plan approval by City
staff during the development review and permitting process.

B. Vehicular
access to the project site shall be provided by County Road 48 for both primary
and emergency access. The primary access off County Road 48 shall be a two lane divided
boulevard type entrance road for provide for emergency access. Any other potential
accesses such as to the west of the property will be reviewed by the
Development Review Committee during site plan process.

C. The
Permittee shall provide all necessary improvements/signalization within and
adjacent to the development as required by Florida Department of
Transportation, Lake County, the MPO and City of Leesburg.

D. All
roads within the development shall be designed and constructed to meet the City
of Leesburg requirements.

E. Sidewalks
shall be provided on both sides of the primary entrance road. Internal road
rights-of-ways shall be of sufficient width to contain the sidewalks on one
side of the roadway. All sidewalks shall be constructed in accordance with City
of Leesburg Codes.

F. The
Permittee shall be responsible for obtaining all necessary FDOT or Lake County
permits and a copy of all permits shall be provided to the City of Leesburg
prior to preliminary plan approval.

G. The
City of Leesburg will not be responsible for the maintenance or repair of any
of the roads or transportation improvements. The Permittee shall establish an
appropriate legal entity that will be responsible to pay the cost and perform
the services to maintain the roads and transportation improvements.

H. Should
the Permittee desire to dedicate the proposed project’s internal road system to
the City of Leesburg; the City, at its discretion, may accept or not accept the
road system. Prior to acceptance, the Permittee shall demonstrate to the City
the road system is in suitable condition and meets City of Leesburg and FDOT
requirements.

I. During
preliminary plan review the City will determination if any necessary access
improvements are required. Said improvements will be the responsibility of the
Permittee.

J. A
traffic/transportation study shall be submitted prior to site plan approval for
review and determination of any necessary access improvements, including any
off site improvements required by FDOT, Lake County, the MPO or the City of
Leesburg. Said improvements will be the responsibility of the Permittee.

5. DESIGN
REQUIREMENTS

A. Residential
Development

1) Building Design

a. Detached homes shall have garages located with
the following provisions.

i. Front access
garages must be set back a minimum of five (5) feet from the attached primary
structure or the front building line.

ii. Rear garages
must be setback a minimum of twenty (20) feet from an alley or rear access
drive.

iii. Side
entrance garages may be in line with or off set from the primary structure’s
front setback provided the garage has front facade windows.

iv. Homes with covered front porches of a minimum fifty
(50) square feet may have front access garages setback in
line with the porch or five (5) feet forward of the
porch.

b. The distance
between any principal building and accessory building shall be a minimum of ten
(10) feet.

B. Additional
Design Features. All buildings shall utilize at least three of the following
design features to provide visual relief along all elevations of the building:

1) Dormers

2) Gables

3) Recessed or raised entries

4) Covered porch entries

5) Cupolas

6) Pillars or decorative posts

7) Bay window (minimum 12 inch projections)

8) Eaves (minimum 6-inch projections)

9) Off-sets in building face or
roof (minimum 16- inch trim).

9) Front windows with arched glass tops and minimum
4-inch trim.

C. Exterior
building materials contribute significantly to the visual impact of a building
on the community. They shall be well designed and integrated into a
comprehensive design style for the project. The total exterior wall area of
each building elevation shall be composed of one of the following:

1) At least
thirty-five percent (35%) full-width brick or stone (not including window and
door areas and related trim areas), with the balance being any type of lap
siding and/or stucco.

2) At
least thirty percent (30%) full-width brick or stone, with the balance being
stucco and/or a “cementitious” lap siding. (A “cementitious” lap siding product
is defined as a manufactured strip siding composed of cement-based materials
rather than wood fiber-based or plastic-based materials. For example, Masonite
or vinyl lap siding would not be allowed under this option.).

3) All
stucco, provided there are unique design features in the elevations of the
buildings and/or the buildings are all brick stucco. Unique design features
shall be reviewed by the Planning and Zoning ManagerCommunity
Development Director for compliance.

D. The same front elevations and design features shall
not be used on adjacent structures or across from
the referenced structure.

E. Other similar design variations meeting the intent
of this section may be approved by the Planning
and Zoning ManagerCommunity Development Director.

6. MISCELLANEOUS CONDITIONS

A. The
uses of the proposed project shall only be those uses identified in the
approved Planned Unit Develop­ment Agreement. Any other proposed use must be
specifically authorized by the Planning and Zoning Commission in accordance
with the Planned Unit Develop­ment amendment process.

B. No
person, firm or corporation shall erect, construct, enlarge, alter, repair,
remove, improve, move, convert, or demolish any building structure, or alter
the land in any manner without first submitting the necessary plans and
obtaining appropriate approvals in accordance with the City of Leesburg Codes.

C. Construction
and operation of the proposed use(s) shall at all times comply with City and
other governmental agencies rules and regulations.

D. The
transfer of ownership or lease of any or all of the property described in this
PUD Agreement shall include in the transfer or lease agreement, a provision
that the purchaser or lessee is made good and aware of the conditions
pertaining to the Planned Unit Development established by this Agreement and
agrees to be bound by these conditions. The purchaser or lessee may request a
change from the existing plans and conditions by following the procedures as
described in the City of Leesburg Land Development Code, as amended.

E. This
PUD Agreement shall inure to the benefit of, and shall constitute a covenant
running with the land and the terms, conditions, and provisions
hereof, and shall be binding upon the present owner and any successor, and
shall be subject to each and every condition herein set out.

F. Implementation
of the project shall substantially commence within 24 months of approval of
this Planned Unit Development. In the event, the conditions of the PUD have
not been implemented during the required time period, the PUD shall be
scheduled with due notice for reconsideration by the Planning Commission at
their next available regular meeting. The Planning Commission will consider
whether to extend the PUD approval or rezone the property to RE-1 (Estate
Density Residential) or another appropriate zoning classification less intense
than the development permitted by these PUD Conditions.

6. WAVIER REQUEST AND APPROVAL

A. Request:
A wavier to allow the construction and temporary use of no more than five
septic tanks to serve the model center and temporary construction trailers
until central sewer facilities are available. Use of the septic tanks are not
to exceed one year from the date of obtaining the permits for septic tank
installation and use.

Approval: The Planning Commission grants
a wavier to allow the construction and temporary use of no more than five
septic tanks to serve the model center and temporary construction trailers
until central sewer facilities area available with the following conditions:

1. The Permittee
shall be responsible for obtaining all necessary permits and for removal of the
septic tanks.

6.CONCURRENCY

As submitted, the proposed zoning change
does not appear to result in demands on public facilities which would exceed
the current capacity of some public facilities, such as, but not limited to
roads, sewage, water supply, drainage, solid waste, parks and recreation,
schools and emergency medical facilities. However, no final development order
(site plan and building permits) shall be granted for a proposed development
until there is a finding that all public facilities and services required for
the development have sufficient capacity at or above the adopted level of
service (LOS) to accommodate the impacts of the development, or that improvements
necessary to bring facilities up to their adopted LOS will be in place
concurrent with the impacts of the development.

A. Utilities

1) Projected
Capacities

a. The
City’s utility planning efforts draw upon phasing, capacity and service requirements,
based upon information provided by the applicant. The City develops its plans
consistent with sound engineering principles, prudent fiscal practices and due
regard for regulatory compliance.

b. The
development will require construction of new distribution mains, since existing
facilities in the service area are not adequate. Should the developer wish to
accelerate the construction of such facilities to provide service, the
developer will bear the cost of design, permitting and construction. Any such
facilities must be constructed in a fashion consistent with the City’s master
plans and to the City standards and specifications.

c. The City is in
the process of Consumptive Use Permit renewal. The application provides for
anticipated demands due to this and other potential development.

B. Commitment of Capacity

There are no previous
commitments of any existing or planned excess capacity.

C. Ability to Provide Services

1) The
City intends to provide water, wastewater and reclaimed water services within
its service area for the foreseeable future.

2) The
City updates its Ten-Year Capital Improvement Plan (CIP) as part of our annual
budgetary process. Included within the CIP are water, wastewater, and
reclaimed water improvements necessary to provide service to proposed
development.

3) The
City has completed an impact fee study, based in part on the CIP in order to
assure adequate and appropriate funding for required improvements. The
combination of master planning and CIP planning has allowed the City to issue
bonds to fund new potable water facilities and substantial reuse facilities,
among other infrastructure improvements.